HDPA (Greece) - 36/2021
| HDPA (Greece) - 1947/26-08-2021 | |
|---|---|
 | |
| Authority: | HDPA (Greece) |
| Jurisdiction: | Greece |
| Relevant Law: | Article 5(2) GDPR Article 12(2) GDPR Article 15 GDPR Article 83 GDPR |
| Type: | Complaint |
| Outcome: | Upheld |
| Started: | |
| Decided: | 26.08.2021 |
| Published: | |
| Fine: | 40.000 EUR |
| Parties: | KOTSOVOLOS S.A National Bank of Greece S.A. |
| National Case Number/Name: | 1947/26-08-2021 |
| European Case Law Identifier: | n/a |
| Appeal: | Unknown |
| Original Language(s): | Greek |
| Original Source: | Hellenic Data Protection Authority (in EL) |
| Initial Contributor: | Stergios |
The HDPA has investigated a complaint against two data controllers for failure to comply with the consumer's right of access to correspondence between them. The complainant, after returning a product, asked the store via Facebook messenger to notify him of the request to cancel his credit card installments, which had been sent electronically to the bank. The Controller refused to comply and the complainant then exercised the same right to the bank, which gave him no reply. The HDPA imposed an administrative fine of EUR 20,000 on each Controller for failure to satisfy the right of access.
English Summary
Facts
The complainant bought a product from the Controller #1, which he returned. Then he contacted the Controller #1 via Facebook messenger in order complain that he was still being charged every month regardless of the return. He requested Access to the communication between him and the Controller #2 (Bank) regarding the release of the installments of his credit card. The Controller #1 refused on the basis of that "the communication that has taken place with the bank constitutes an internal communication and there is no possibility of its disclosure"
Dispute
Holding
The HDPA held that the Controller #1 was obliged to respond positively to the request of the Complainant
Comment
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English Machine Translation of the Decision
The decision below is a machine translation of the Greek original. Please refer to the Greek original for more details.
